Mr. Hay to Mr. Storer.
Washington, February 19, 1903.
Sir: Your No. 7, of the 23d ultimo, with inclosures, relating to the appointment of John S. Twells, as commercial agent of the United States at Carlsbad, has been received.
Your assumption that Mr. Twells was to be made commercial agent and not consular agent was correct.
With reference to the attitude taken by the foreign office, in a conversation with Mr. Hale, namely, that the consular convention with Austria-Hungary of 1870 recognized no such officer as a commercial agent, I have to say that commercial agents of the United States are, by our laws, full, principal, and permanent consular officers. So far as their powers and duties in our consular service are concerned, no distinction is made by law between them and a consul, and they differ from the latter only in rank or grade. They derive their functions from the same statutes as consuls-general and consuls, and are entitled to enjoy all the powers, immunities, and privileges that under public law or otherwise are accorded to the consular office. The title of commercial agents, as representing a distinct grade in the consular service, is peculiar to our service, and such appointments are made directly by the President. It is customary to ask formal recognition and an exequatur for a commercial agent from the government to which he is accredited, as in the case of other principal consular officers.
Commercial agents, as above described, are to be distinguished from certain officers described in international law by the same title, the latter having restricted functions and privileges and being usually [Page 16] appointed to countries the governments of which have not been recognized by the United States or into which it was desired to send a confidential agent whose recognition need not be asked from the local government.
You may address the foreign office in the above sense.
I am, etc.,